Andhra Pradesh

Visakhapatnam

CC/23/2013

KOMMOJU VENKATA SURYAM - Complainant(s)

Versus

MOBILE KING,PROPRIETOR - Opp.Party(s)

INPERSON

27 Nov 2014

ORDER

Date of registration         : 08.02.2013

Date of order         : 27.11.2014

 

BEFORE THE DISTRICT CONSUMERS FORUM-I,

VISAKHAPATNAM : AP

 

PRESENT:  Smt K.V.R.Maheswari, B.A., B.L., LL.M.,

 Lady Member & FAC President

 

Sri V.V.L.Narasimha Rao, B.A., LL.M., PGDHR,

Member

 

Wednesday the 27^th day of November, 2014

 

Consumer Complaint No: 23 /2013

Between:    

 

Kommoju Venkata Suryam, F/o K.Bhavya Sri (K.Bhavya Sri is being minor (2 years old) rep. by its his Natural Guardian father Kommoju Venkata Suryam), D.No.22-26-4, Dr.Ambedkar Colony, Gajuwaka, Visakhapatnam-530 026.

                                                                             …   Complainant

And:

 

1. Mobile King, # 8-12-31, Opp. State Bank of Hyderabad, Gajuwaka Main Road, Visakhapatnam-530026 represented by its Proprietor.

2. The Authorised Person, Karbonn Mobiles, Head Office, D-170, Okhla Phase-I, New Delhi.

3. Authorised Service Centre, Sri Sai Nadh Enterprises, Shop No.3, 1^st Floor, PNR Complex, Opp. Pen School, Akkayyapalem, Main Road, Visakhapatnam-530 016, represented by its Proprietor.

                                                                        … Opposite Parties

 

This case is coming for final hearing on 25-11-2014 in the presence of Complainant in person and Sri S.Nageswara Rao, Advocate for 3^rd Opposite Party and 1^st & 2^nd Opposite Party called absent and set exparte and having stood over till this date, the Forum delivered the following.         

 

: O R D E R :

(As per Smt. K.V.R.Maheswari, Honourable President(FAC) on behalf of the Bench)

 

1. The case of the complainant is that the Complainant purchased a Mobile Phone Model No.Karbonn KT52 on her daughter’s name on 10.01.2013 for an amount of Rs.1700/- from 1^st Opposite Party. But within a week from the date of purchase, it started giving problems as there is no clarity of voice and mike did not work properly. Then the Complainant approached 1^st Opposite Party and informed the said defects in that phone and also requested to exchange the said phone with a new one but the 1^st Opposite Party asked the complainant to contact Service Centre, Karbonn Authorised Service Centre, Sri Sai Nadh Enterprises. Then immediately the Complainant approached the said Service Centre i.e. 3^rd Opposite Party and explained the above defects of the Mobile. Then the 3^rd Opposite Party took the Mobile for servicing and also said that it will be delivered to the complainant on 21.01.2013 after rectifying the problem. The Complainant visited on 21.01.2013 and also so many times to the Service Centre i.e. 3^rd Opposite Party but the Mobile was not get repaired and more over there is no response from 3^rd Opposite party. Because of these acts of the Opposite Party causes mental agony to the Complainant and even after purchase of mobile phone he could not enjoy the utility and service of the mobile phone. Hence, being a seller the 1^st Opposite Party; being a Head Office the 2^nd Opposite party and being a Service Centre the 3^rd Opposite Party are jointly liable to rectify the defects of the mobile or to replace with a new set or to pay the amount of Rs.1700/- paid by the Complainant, but they failed to do so which amounts to deficiency of service on their part. Hence this complaint to direct the Opposite Parties

2. to Exchange the Mobile phone with that a new working condition Mobile phone or to refund a sum of Rs.1,700/- towards the cost of the Karbonn Mobile with 18% interest p.a. from the date of purchase

3. to pay Rs.10,000/- towards compensation

4. to pay costs of Rs.3,000/-

5. On the other hand the 1^st & 2^nd Opposite Party called absent and set exparte. The 3^rd Opposite Party even after so many adjournments given by the Forum and also even after imposing costs, there is no representation by 3^rd Opposite Party and failed to file Counter as well as Evidence Affidavit. Hence the Forum treated no counter and evidence for 3^rd Opposite Party. At the time of hearing also there is no representation by 3^rd Opposite Party. Hence treated it heard for 3^rd Opposite Party.

6. At the time of enquiry the Complainant filed his Evidence Affidavit along with documents which are marked as Ex.A1 & A2. Heard the Complainant in person and as there is no representation by 3^rd Opposite Party even after imposing costs for hearing, hence posted for orders.

7. In view of the respective contentions, the point that would arise for determination is:-

   Whether there is any deficiency in service on the part of the Opposite Parties, if so can the Complainant entitle for the reliefs prayed for.

8. As per Ex.A1 i.e. Bill issued by 1^st Opposite Party dt.10.01.2013 regarding the purchase of Karbonn KT52 Model for an amount of Rs.1700/- is clearly evidencing the purchase of Mobile Phone. Ex.A2 is the Job sheet issued by 3^rd Opposite Party on 19.01.2013 and there itself it mentioned in the column of “problem reported” “sometimes no signal”. This Exhibit also clearly shows that within one week from the date of purchase, the Mobile phone is not working well and it seems that sometime there is no signal. The version of the complainant is that he approached the 1^st Opposite Party and on his advise, he approached the 3^rd Opposite Party and handover the Mobile to rectify the defects but even after several requests and demands made by the Complainant, Opposite Parties failed to rectify the problem and till today not handedover the Mobile Phone to the complainant.

9. After careful analysation of the facts of the Complaint with related documents and versions made by the Complainant, the Forum is of the view that Ex.A1 & A2 clearly shows that within a week the Mobile phone is not working well and it clearly evidenced by those documents filed by Complainant that the Mobile itself is a defective one. That too Opposite Parties 1 & 2 are set exparte and there is no representation either by the 3^rd Opposite Party or by his counsel which clearly shows the negligent attitude of the Opposite Parties. Hence all the Opposite parties are liable to pay the amount of Rs.1,700/- towards the cost of Mobile with 9% interest from the date of purchase i.e. 10.01.2013 within 3 months which would be just and reasonable.

10. Now-a-days the Mobile phone is a necessary gadget to all the persons, but the complainant even after spent some amount and purchased the phone to enjoy its benefits, but it is a defective one and the Opposite Parties are not come forward to rectify the defect and causes for mental agony as well as financial hardship to the Complainant. Hence to compensate it, the Opposite Partiesare liable to pay Rs.1,000/- towards compensation besides costs of Rs.1,000/-.

11. Accordingly this point is answered.

12. In the result the Complaint is allowed directing all the Opposite Parties to pay Rs.1,700/- with 9% interest from 10.01.2013 and also further directed to pay Rs.1,000/- towards compensation besides costs of Rs.1,000/-. Time for compliance is 30 days.

    Dictated to the Shorthand Writer, transcribed by him, corrected and pronounced by us in the open Forum on this the 27^th day of November, 2014.

        Sd/-                                                                       Sd/-

    Member                                                                President (FAC)

                                                                       District Consumer Forum-I

                                                                                 Visakhapatnam

 

APPENDIX OF EVIDENCE

 

Exhibits Marked for the Complainant:

Ex.A1	10.01.2013	Sales Invoice / Bill No.5919 dt.10.01.2013 for an amount of Rs.1,700/-	Original
Ex.A2	19.01.2013	Authorised Service Centre, Sri Sai Nadh Enterprises Call Report Sl.No.409	Original

 

Exhibits Marked for the Opposite Parties:     -NIL-

 

      Sd/-                                                                       Sd/-

  Member                                                                President (FAC)

                                                                   District Consumer Forum-I

                                                                              Visakhapatnam

 

// GLR //